Lal Prasad vs The State Of Madhya Pradesh
2024 Latest Caselaw 6565 MP

Madhya Pradesh High Court

Lal Prasad vs The State Of Madhya Pradesh on 4 March, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                               ON THE 4 th OF MARCH, 2024
                                            CRIMINAL APPEAL No. 666 of 2008

                          BETWEEN:-
                          1.    LAL PRASAD S/O S/O LAXMAN BASOR, AGED
                                ABOUT 35 YEARS, MAJHOLI P.S.MADA DIST.SIDHI
                                (MADHYA PRADESH)

                          2.    LAXMAN S/O HARIHAR BASOR, AGED ABOUT 75
                                YEARS, MAJHOLI P.S.MADA DIST.SIDHI (MADHYA
                                PRADESH)

                          3.    CHHOTE S/O LAXMAN BASOR, AGED ABOUT 30
                                YEARS, MAJHOLI P.S.MADA DIST.SIDHI (MADHYA
                                PRADESH)

                                                                                       .....APPELLANTS
                          (NONE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          P.S.MADA DIST.SIDHI (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI ANUJ SINGH - PANEL LAWYER)

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                             ORDER

This appeal under Section under Section 374(2) is filed against the order dated 22.2.2008 passed by Additional Sessions Judge, Waidhan, District Sidhi (M.P.) in Sessions Case whereby the appellant No.1 Lal Prasad was convicted for commission of offence under Section 323 and 325 of IPC; appellant No.2 Laxman was convicted under Section 323 of IPC and appellant No.3 Chote

was convicted for commission of offence under Section 323 (on two counts) and Section 325 (on two counts) of IPC.

2. During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 04.9.2023 referred the matter to Principle District and Sessions Judge, Singrauli to appoint a trained mediator because the matter appeared to be of the nature which could be settled through mediation.

3. As per the report received from the learned Second Additional S es s io ns Judge, District Singrauli dated 30.9.2023, the mediation was successful. Report of mediator learned Second Additional Sessions Judge,

Singrauli is annexed. As per the report, compromise agreement to o k place between the parties and the complainants/victims expressed their non- willingness to proceed any further in the case. The complainant/injured in this case was Ramgopal Sahu, Paanpati Sahu, Ramkesh Jaiswal, Kapurchand Jaiswal, Mahendra Jaiswal and Harihar Jaiswal and accused Lal Basore, Chote Basore and Laxman Basore who appeared before the mediator and settled the dispute.

4. After due consideration of mediation report, it appears that parties have made this settlement without any threat, inducement or coercion, therefore, the instant criminal appeal is allowed and impugned judgment dated 22.2.2008 passed in Sessions Case No.40/2007 (State of M.P. Vs. Lal Prasad and others) and the conviction of the appellant No.1 Lal Prasad who was convicted for commission of offence under Section 323 and 325 of IPC; appellant No.2 Laxman who was convicted under Section 323 of IPC and appellant No.3 Chote who was convicted for commission of offence under Section 323 (on two counts) and Section 325 (on two counts) of IPC. are hereby set aside.

Appellants Lal Prasad, Laxman and Chhote are acquitted of the offences punishable under aforementioned Sections.

5. The fine amount, if any, deposited by the appellants shall be returned to them.

6. The appellants are on bail. Their bail bonds are discharged.

7. A copy of this order along with the record be sent down to the concerned trial Court.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra